The Criminal Justice System in the United States of America was established with noble intentions. The basis of the system can be traced back from the first book of the Bible Genesis, and the story of Cain and Able. The criminal justice system was established to be morally suitable for a growing diverse society. Moral dilemmas within the system arise from concerns related to principles of officials’ right and wrong behavior. These principles are often embedded into a culture of the human character, in other words, viewed as essential to the criminal justice system. This biblical story mentioned above has defined the way justice has been administered for thousands of years. The quote "Eye for an eye" continues to be the standard adopted by courts throughout the ages. Race is an issue. Ignoring in turn ignores the role played by whites, who created race as a concept," and allows whites to "forget" or claim innocence (2005, pp. 32-35).
A working definition of moral issue in the criminal justices system is that which involves a specific kind of situation, i.e., the acts which affect other people. Minority Groups may think that if an issue is of moral concern then it is an issue involving some wrong action. We can agree that crime is disproportionately an urban problem; therefore, Black men are also disproportionately the victims of violent crime in the capital. The Bureau of Justice Statistics has recorded the following data on all homicides; White victims 50.9%, Black victims 46.9%, offenders White 45.8%, Black 52.2%. The complete truth is that 5% to 10% of Americans including both poor black and white youths are becoming violent crime victims at record rates.
Many public policymakers and administrators have addressed ...
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Heather Mac Donald (14 May 2010). Distorting the Truth about Crime and Race. The New York Times is at it again.
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The Challenge of Prisons. Mike’s Blog. (2009, November 8). Mike’s Blog. School of Government, UNC-Chapel Hill. Retrieved May 18, 2012, from http://mrs.sog.unc.edu/?p=962
Tushar Kansal (January 2005). Racial disparity in sentencing: A review of the literature
Just Mercy’s Bryan Stevenson exposes some of these disparities woven around his presentation of the Walter McMillian case, and the overrepresentation of African-American men in our criminal justice system. His accounts of actors in the criminal justice system such as Judge Robert E. Lee and the D.A. Tom Chapman who refused to open up the case or provide support regardless of the overwhelmingly amount of inconsistencies found in the case. The fact that there were instances where policemen paid people off to testify falsely against McMillian others on death row significantly supports this perpetuation of racism. For many of the people of color featured in Stevenson’s book, the justice system was unfair to them wrongfully or excessively punishing them for crimes both violent and nonviolent compared to their white counterparts. Racism towards those of color has caused a “lack of concern and responsiveness by police, prosecutors, and victims’ services providers” and ultimately leads to the mass incarceration of this population (Stevenson, 2014, p. 141). Moreover the lack of diversity within the jury system and those in power plays into the already existing racism. African-American men are quickly becoming disenfranchised in our country through such racist biases leading to over 1/3 of this population “missing” from the overall American population because they are within the criminal justice
Lappin, H. G., & Greene, J. (2006). Are prisons just? In C. Hanrahan (Ed.), Opposing Viewpoints: America’s prisons (pp. 51-98). Detroit: Bonnie Szumski.
Shapiro, David. Banking on Bondage: Private Prisons and Mass Incarceration. Rep. New York: American Civil Liberties Union, 2011. Print.
The criminal justice system has been evolving since the first colonists came to America. At first, the colonists used a criminal justice system that mirrored those in England, France, and Holland. Slowly the French and Dutch influences faded away leaving what was considered the English common law system. The common law system was nothing more than a set of rules used to solve problems within the communities. This system was not based on laws or codes, but simply that of previous decisions handed down by judges. Although rudimentary, this common law system did make the distinction between misdemeanors and the more serious crimes known as felonies.
The criminal justice system is full of inequality and disparities among race, gender, and class. From policing neighborhoods, and the ongoing war on drugs, to sentencing, there are underlying biases and discriminatory practices in the criminal justice system that impacts minority communities and groups. Fueled by stereotypes and generalizations, it is important to identify and discuss what crimes take place and who actually makes it up.
There are many citizen concerns, including the premise that private prison companies lobby governments to increase punishments and penalties to fill their facilities. Mr. Geoffrey Segal writes “It is unlikely that private prison firms are going to sway policy in favor of greater incarceration when such polices are obviously already very popular with the general population” in his online article published also on The Reason on November of 2002, Mr. Segal is the director of privatization and government reform at Reason Foundation. witha B.A in political science from Arizona State University, and a Master of Public Policy from Pepperdine University. The prison system as an industry, according to Randy Gragg privately owned prisons are starting to flourish again, Mr. Gragg is the editor-in-chief of Portland monthly, he wrote the article “A High-Security, Low-Risk Investment: Private Prisons Make Crime Pay” for Harper’s magazine on August 1996 Mr. Gragg is a Harvard University graduate of the school of design, and the national art journalism fellow at Columbia University. The
Saint Augustine once said, “In the absence of justice, what is sovereignty but organized robbery?” The criminal justice system in America has been documented time and time again as being a legal system that borders on the surreal. We as Americans live in a country where the Justice Department has failed to collect on $7 billion in fines and restitutions from thirty-seven thousand corporations and individuals convicted of white collar crime. That same Justice Department while instead spending more than 350% since 1980 on total incarceration expenditures totaling $80 billion dollars. America has become a place where a 71-year-old man will get 150 years in prison for stealing $68 billion dollars from nearly everyone in the country and a five-time petty offender in Dallas was sentenced to one thousand years in prison for stealing $73.
In several cases and studies, there is a substantial amount of racial bias in the criminal justice system. In fact, the 1978 McClesky conviction has proven to support Baldus’s study in 1998. Warren McClesky, an African American male, was found guilty of killing a Georgia police officer. The legal team who represented McClesky exposed a study that showed how biased racial inequality is in the death penalty, but the court contended the argument because “disparities in sentencing are an inevitable part of our criminal justice system” (Touré). Furthermore, race has always been a serious matter in the Supreme Court and other government administrations, but they fail to recognize the
In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.
Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers. Retrieved from http://www.sentencingproject.org/doc/publications/rd_reducingracialdisparity.pdf New Century Foundation. (2005). The Color of Crime: Race, Crime and Justice in America. Retrieved from http://www.colorofcrime.com/colorofcrime2005.pdf Pearson Education. (2008).
Rudovsky, David. "Breaking the Pattern of Racial Profiling." TRIAL. Aug. 2002: 29+. SIRS Issues Researcher.
This research essay discusses racial disparities in the sentencing policies and process, which is one of the major factors contributing to the current overrepresentation of minorities in the judicial system, further threatening the African American and Latino communities. This is also evident from the fact that Blacks are almost 7 times more likely to be incarcerated than are Whites (Kartz, 2000). The argument presented in the essay is that how the laws that have been established for sentencing tend to target the people of color more and therefore their chances of ending up on prison are higher than the whites. The essay further goes on to talk about the judges and the prosecutors who due to different factors, tend to make their decisions
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
2nd ed. of the book. USA: Penguin Books, Ltd. [Accessed 01 January 2014]. The Prison Reform Trust.
Prison was designed to house and isolate criminals away from the society in order for our society and the people within it to function without the fears of the outlaws. The purpose of prison is to deter and prevent people from committing a crime using the ideas of incarceration by taking away freedom and liberty from those individuals committed of crimes. Prisons in America are run either by the federal, states or even private contractors. There are many challenges and issues that our correctional system is facing today due to the nature of prisons being the place to house various types of criminals. In this paper, I will address and identify three major issues that I believe our correctional system is facing today using my own ideas along with the researches from three reputable outside academic sources.